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Supreme Court of India 2017-09-08 allowed

Manager Palathingal M.L.P. School, Parappanangadi vs Sethumadhavan P.K. and Ors

Bench: 2 — Deepak Gupta

In Brief

A school manager challenged the Kerala Government's decision to upgrade a junior primary school to upper primary level on procedural grounds, claiming the Government did not follow required notification procedures. The Supreme Court upheld the upgrade, finding that the Government validly exercised its power to relax procedural requirements under the Kerala Education Rules. The Court emphasized that for the fundamental right to education under Article 21A to be meaningful, upper primary schools must be accessible without requiring children aged 10-14 years to walk more than 3 kilometres. The Court allowed the appeal, setting aside the judgments of the High Court and reinstating the upgrade order."

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Constitutional Law Right to Education Administrative Law Educational Institutions Procedural Compliance Government Powers

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